Beauty creator partnerships advertising rules: the ASA's Look Fantastic ruling

Key takeaways

For beauty and fashion creator campaigns, the practical test is whether marketing is recognisable and commercial intent is clear. The Look Fantastic ruling records a 'Paid links' notice on the LTK destination and an ad breach, so assess the story itself as well as its destination.

Apply the CAP Code test

For each creator deliverable, decide whether the content is a marketing communication and whether its commercial intent is obvious from context. Marketing communications must be obviously identifiable; commercial intent must be clear when context does not make it obvious. Make that assessment before approval.

A written disclosure policy can assign responsibility for choosing the identifier and checking placement. Record who reviews the story, caption or other content and who confirms the final version. Keep the decision specific to the deliverable, rather than assuming that a general campaign sign-off covers every format.

Use the brief to state what the creator must display and how the team will confirm it. Name the reviewer for the approved wording and the live version. Give the creator and campaign team a shared record of the decision, rather than leaving disclosure as an informal assumption during production.

What the Look Fantastic ruling records

A specific decision helps teams turn a broad rule into a content check. The THG Beauty case involved an Instagram story and an affiliate route to the creator's shop page. Review the agreement, social content and destination together, then note what a consumer encounters at each step.

The ASA ruling is against THG Beauty Ltd t/a Look Fantastic and carries Complaint Ref A24-1244192. An Instagram highlight labelled 'Fragrance' on Erim Kaur's @erim account featured a story posted on 5 November 2023. The story concerned an affiliate promotion.

The story included an affiliate link to Ms Kaur's LTK shop page, which could earn her commission when products were bought through links on the platform. THG Beauty had a sponsored campaign agreement with rewardStyle Inc t/a LTK. LTK was part of its affiliate network.

Contractual provisions between the parties were in place to ensure compliance with rules and regulatory guidance. Record the parties, affiliate route and compliance provisions in a commercial contracts review before approval, then check that the live content follows the agreed plan. Keep responsibility visible in the campaign record.

The LTK shop page displayed built-in text 'Paid links' once consumers landed there. The ad breached CAP Code (Edition 12) rules 2. THG Beauty Ltd, TFS Buying Ltd and Ms Kaur were told to ensure future ads were obviously identifiable as marketing communications. Commercial intent had to be clear, with identifiers such as 'ad' clearly and prominently displayed.

Turn the ruling into a campaign check

Use the decision to build a repeatable review by checking what appears on each surface. Record the social content and the destination separately, so the reviewer can confirm the commercial identifier in the context where a consumer sees it. Assign a reviewer at briefing and confirm approval before publication.

When a link may generate commission, state that route in the campaign brief. A beauty influencer affiliate programme can define the commercial arrangement. A beauty influencer brief can name who checks the label, link and live content before approval, keeping those responsibilities explicit during production.

The label on a destination page is a separate observation from what appears in the creator's story. In this case, 'Paid links' appeared after consumers landed on the LTK shop page, while the ad was found to breach CAP Code (Edition 12) rules 2. Check both locations in the final review.

Keep personal information in a separate review

Keep disclosure checks separate from decisions about using personal information. If a partnership collects or shares personal information, state the purpose and identify who handles it before deciding what information belongs in the workflow. Record that assessment separately from the decision about whether a post is an ad.

The ICO guide to lawful basis says the lawful bases are set out in Article 6 of the UK GDPR. Record the processing purpose beside the basis under consideration, and keep a written rationale with the campaign paperwork for later review.

In some cases, an organisation is likely to have a choice between consent and legitimate interests. Under legitimate interests, processing must be necessary for the organisation's or a third party's legitimate interests, unless a good reason to protect the person's information overrides them.

The Data Protection Act 2018 can sit on the review list alongside the UK GDPR. Use the data protection workflow to map roles and information flows. If the campaign uses audience research, keep the audience research purpose and proposed inputs explicit before collection.

Frequently asked questions

At briefing, final approval and any later review, ask what a consumer sees in the creator's story and at its destination. Keep the main decision points visible: whether advertising is identifiable, where disclosure appears and what the linked experience contains for each deliverable.

Does a 'Paid links' label on a shop page settle the story's disclosure?

The ruling records built-in text on the LTK shop page stating 'Paid links' after consumers landed there. It also records that the ad breached CAP Code (Edition 12) rules 2. Check the creator's marketing communication itself as well as the landing page, then record what is visible at each point.

What should the brief require?

Set out the commercial route, the agreed identifier, the person responsible for checking placement and the review of the live post. For the parties in the ruling, future ads were to be obviously identifiable as marketing communications. Commercial intent was to be clear, with identifiers such as 'ad' clearly and prominently displayed.